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Patna High Court

AMBIKA PRASAD SAH @ AMIKA PD.SAHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no relative applied for leave to continue.

Summary

The appellant, Ambika Prasad Sah, died during the pendency of his criminal appeal against the State of Bihar. The court examined a police letter confirming the death and noted that no near relative had applied for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without a petitioner's presence or a relative's application. Consequently, the court held that the appeal stands abated. The trial court record is to be sent back to the lower court, and the appeal is disposed of.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no relative files an application for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.28 of 2002
                 ======================================================
                 Ambika Prasad Sah @ Amika Pd. Sah, S/o Late Dayal Sah, R/o Sarkanda
                 Sahubasa, P.S.-Barahat Issipur, Dist.-Bhagalpur

                                                                        ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Krishna Mohan, Adv.
                 For the Respondent/s   :     Mr. Bipin Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                 Perused the Letter No. 884 dated 03.05.2026 of the

                   Senior Superintendent of Police, Bhagalpur, along with the

                   report dated 02.05.2026 of S.H.O.- Issipur Barahat P.S.,

                   Bhagalpur, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Ambika Prasad Sah @

                   Amika Pd. Sah, is dead.

                               2. In view of the said letters as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   since no near relative has filed any application for leave to

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.

                               3. Let the trial court record be sent back to the
             Patna High Court CR. APP (DB) No.28 of 2002(3) dt.13-05-2026
                                                         2/2




                       concerned court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


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